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(영문) 서울중앙지방법원 2014.09.19 2014가합520561
퇴거청구의 소
Text

1. Of the buildings listed in Attachment 1. List 2 to the Plaintiff

A. Defendant B shall indicate 1, 2, 3, 4, and 3 of the third floor drawings.

Reasons

1. Basic facts

A. On September 22, 2011, the Plaintiff was awarded a successful bid in the compulsory auction procedure (F) and thereafter owned the instant land from Attached 1. List No. 1 (hereinafter “instant land”).

B. G, as the Plaintiff acquired the ownership of the instant land, was the owner of the building listed in Paragraph (2) of Attached Table 1 on the ground of the instant land (hereinafter “instant building”) at the time of acquiring the ownership of the instant land, G acquired superficies under the customary law for the instant building.

C. G did not pay rent of land equivalent to KRW 7.2 million per month based on the above superficies to the Plaintiff for more than two years. Accordingly, upon the Plaintiff’s claim to extinguish the above superficies pursuant to Article 287 of the Civil Act, the above superficies disappeared around October 17, 2013.

The Defendants currently occupy part of the instant building as follows.

1) Defendant B: Defendant C: attached Table 3. 4, 5, 6, 7, 8, and 3: Defendant D: attached Table 3. 2. 4, 5, 5, 6, 7, 8, and 3: Defendant D: attached Table 3. 2. 2. 4m2 attached hereto, connecting each point of (b) No. 2, 3, 8, 9, and 2 with each point of (c) No. 1, 2, 9, 10, and 100m2 attached in sequence; Defendant E: 3. 25m25m2 attached hereto, which connect each point of (d) with the second floor No. 25m2 attached Form No. 3. 1,2, 9, 10, and 101; and

2. Determination as to the cause of claim

A. According to the above facts, the Defendants, without any specific title, possess part of the instant building on the ground of the instant land without any specific title, are obligated to leave the part possessed by the Plaintiff, the owner of the said land, among the above buildings.

B. Furthermore, the Plaintiff occupied the instant building.

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